State attorneys general
State attorneys general have become increasingly assertive regulators and enforcers, often setting the pace for wider regulatory action.
Freshfields has a proven track record counseling clients facing investigations and regulatory scrutiny by state attorneys general (state AG) offices
Our team is particularly adept at managing the unique issues that arise in state AG actions. This often means getting involved at the earliest stage, thereby helping to avoid publicity and reduce our clients’ exposure. Our goals include narrowing the scope of investigations, negotiating favorable resolutions, and, where appropriate, demonstrating that our clients are compliant and that enforcement action should not be pursued.
At a time when state AG actions are on the rise, we provide counsel with deep experience in single-state and multi-state actions across a wide range of regulatory and enforcement priorities. Freshfields routinely represents clients in state AG matters involving antitrust, consumer protection, data privacy and cybersecurity, ESG, public corruption, securities, and state False Claims Act (FCA), among other issues. Our deep ties with the state AG community allow us to identify emerging state regulatory priorities, while our extensive global reach helps us predict the novel theories of consumer harm that may get traction with US regulators, including state AGs.
In addition to veteran defense lawyers, Freshfields offers a deep bench of former government attorneys who have been directly involved in state AG investigations or have collaborated extensively with state AGs across the country. Our team is led by Ellen Rosenblum, the former Oregon Attorney General who previously served as president of the National Association of Attorneys General, the leading nonpartisan national forum for state AGs and their staff. Our broader team includes former high-ranking officials from the US Department of Justice, Federal Trade Commission, Securities and Exchange Commission, Senate and House of Representatives, White House, and Consumer Financial Protection Bureau, among other agencies. This collective experience brings deep insight into enforcement priorities and decision-making, informing a practical and effective approach.
Our industry-leading civil litigation experience, diverse former government service, and global footprint allow us to look around corners. We help clients mitigate the risk of follow-on actions and understand the interplay of state AG investigations and parallel proceedings brought by the plaintiffs’ bar, federal agencies or regulators around the world. In short, our highly integrated team provides coordinated, end-to-end support for matters involving conduct of interest to state AGs.
